When OSHA inspectors returned to an Atlanta food manufacturing facility and found previously cited hazards had reoccurred, the company management took an unusual step: company representatives told OSHA the company accepted responsibility for the safety and health hazards and signed a pre-citation settlement agreement with OSHA on January 15.
Enforcement and Inspection
As today’s workplace becomes more complex, regulation of that workplace increases. In this section, you’ll find the practical advice you need to understand exactly what OSHA, other federal agencies, and their state counterparts, require of you, and to comply in the ways that best satisfy both your and their needs. Look also for important court decisions, advice on how to handle enforcement actions, and news of upcoming changes in workplace health and safety law.
Free Special Report: What to Expect from an OSHA Inspection
The U.S. Supreme Court continued its keen interest in the reach of the Clean Water Act (CWA) by agreeing to hear a case about whether a jurisdictional determination (JD) by the U.S. Army Corps of Engineers (Corps) constituted a final action by the Corps. The Supreme Court will review a ruling by a panel of the U.S. Court of Appeals for the 8th Circuit, which found that the JD did constitute a final agency action. This finding directly conflicted with rulings by a district court and the 5th Circuit.
Effective December 9, 2015, the EPA launched a new tool that allows regulated entities to electronically report self-discovered violations. The tool, called eDisclosure, will function under the Agency’s two self-policing incentive policies—the 2000 Incentives for Self-Policing Discovery, Disclosure, Correction and Prevention of Violations and the 2000 Small Business Compliance Policy.
EPA’s nonattainment designations of two counties—one in Montana and one in Michigan—under the Agency’s 2010 National Ambient Air Quality Standards (NAAQS) for sulfur dioxide (SO2) were challenged in the U.S. Court of Appeals for the D.C. Circuit in two separate petitions that the court consolidated. According to the court, the two claims had “virtually nothing in common” except that they were both challenging the designations. In both instances the D.C. Circuit panel found in favor of the EPA.
An assessment of Indiana OSHA’s (IOSHA) progress in meeting performance goals paints a picture of a potentially floundering agency.
Federal OSHA recently reported on its follow up Federal Annual Monitoring Evaluation (FAME), which assessed the state OSHA program’s progress in meeting goals identified in an evaluation last year. Current findings list staff shortages; problems with completed inspections; and failure to follow OSHA directives regarding alliances, partnership programs, and whistleblower cases.